Clarification About Recent State Enforcement Actions | Read here
JUUL LABS, INC.
Effective Date: May 24, 2021
General statement / Retailer Resource Center website term of use
The www.juullabsretailer.com website, and all related content, and associated services (referred to herein as the “Retailer Resource Center”), is a website and service owned and operated by Juul Labs, Inc. (“Juul Labs,” “us” or “we”). Juul Labs has adopted these Terms and Conditions to inform you of your rights and obligations when using the RRC (“Terms and Conditions” or “Terms”). Your use of this RRC constitutes your agreement and manifestation of your assent to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use, and should immediately cease use of, the Retailer Resource Center.
We may, and reserve the right to, from time to time modify, limit, change, discontinue, or replace the Retailer Resource Center and these Terms at any time. In the event we modify, limits, change, or replace the Retailer Resource Center or these Terms, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
The Juul Labs Retailer Resource Center is operated for the purpose of providing retailers with resources and information regarding Juul Labs’ underage use prevention programs. This includes information about Enhanced Access Controls (“EAC”) and information on how retailers might implement EAC point-of-sale solutions and become “certified” by Juul Labs as EAC compliant.
EAC is a key program supporting Juul Labs’ efforts and policies related to combating underage use of nicotine. We also use this site to communicate changes and updates to EAC-compliant systems, and the program itself, to the convenience retail community. The Retailer Resource Center is not operated for advertising or marketing purposes. Nothing on the Retailer Resource Center should be regarded as an offer to sell, or a solicitation of an offer to buy, any product manufactured by Juul Labs. Such products are sold only in compliance with the laws of the particular jurisdictions in which they are sold. This Retailer Resource Center is not intended to offer medical or psychological advice. This Retailer Resource Center is intended for an audience 21 years of age or older.
If features on the Retailer Resource Center require registration, by registering, and in consideration of your use of the Retailer Resource Center, you agree to provide true, accurate, current and complete information about yourself.
Without our written consent, no one may use frames or utilize framing techniques or technology to enclose any content included on the Retailer Resource Center or utilize any Retailer Resource Center content in any meta tags or any other “hidden text” techniques.
The Retailer Resource Center may contain links to third party websites. Links on the Retailer Resource Center contain citations to a number of third-party information sources, including websites, resources and other organizations with additional information. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We do not intend links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms and conditions may apply to your use of any linked sites. You should review the site policies and terms of use of any linked sites.
You may also need to use a third party’s product or service in order to use some of our services (such as a compatible mobile device to use our mobile apps). Similarly, use of third party products or services are required to become EAC certified. When you access or use these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use or enter into separate agreements. Juul Labs is not a party to those agreements; they are solely between you and the third party. As described further in the “Warranty” section of these Terms, Juul Labs disclaims all implicit or explicit endorsement of any third party service and liability for your use of such service.
Retailer Resource Center users may forward comments or other communications to Juul Labs. You agree that you will not transmit content to Juul Labs that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that you will not use false contact information, impersonate a third-party person or entity, or otherwise mislead Juul Labs as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms.
Any material or communication transmitted by you to this Retailer Resource Center will not be treated as confidential as described in the Privacy Policy. By submitting any content to us, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to Juul Labs may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and Conditions and for the maximum period permitted under applicable law.
In your communications with Juul Labs, please keep in mind that we do not accept or consider any creative ideas or suggestions relating to products or marketing plans unless we have specifically requested by them. Therefore, please do not send us any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information. We are continuously working on new product, packaging, and marketing ideas. Often, these ideas are in the developmental stage for years prior to launch.
You agree that your use of the Retailer Resource Center will comply at all times with all applicable laws and regulations, in all relevant jurisdictions.
You agree to indemnify, defend, and hold harmless Juul Labs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to this Retailer Resource Center, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) your use and access to any linked website, including third-party sites.
For more information about how we use and protect your personal information you may provide through our Retailer Resource Center, please click here to review the Juul Labs’ Privacy Policy. Note that Juul Labs reserves the right to change its Privacy Policy at any time without notice.
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Juul Labs. For any dispute with Juul Labs, you agree to first contact us via the contact information below and attempt to resolve the dispute with us informally.
In the unlikely event that Juul Labs has not been able to resolve a dispute it has with you after sixty (60) days, you and Juul Labs each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, or use of the Retailer Resource Center (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Juul Labs for injunctive or other equitable relief as provided in Section 9 below).
JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Wilmington, Delaware, unless you and Juul Labs agree otherwise. If you are an individual using the Retailer Resource Center for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 9 below. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Retailer Resource Center to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
With respect to all persons and entities, regardless of whether they have accessed or used the Retailer Resource Center for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Juul Labs’ agrees otherwise, the arbitrator may not consolidate more than one person’s claims.
You agree that, by entering into this agreement, you and Juul Labs are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
These Terms and Conditions will be governed by and interpreted under the laws of the State of Delaware, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 8 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Wilmington, Delaware. You agree that Wilmington, Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 8 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Delaware. You agree that: (i) Juul Labs and the Retailer Resource Center shall be deemed solely based in Delaware; and (ii) Juul Labs and the Retailer Resource Center shall be deemed passive ones that do not give rise to personal jurisdiction over Juul Labs, either specific or general, in jurisdictions other than Delaware.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Wilmington, Delaware for any actions for any such relief.
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against Juul Labs, or any of its distributors, resulting from use of the Retailer Resource Center; and (ii) to release Juul Labs from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Retailer Resource Center may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of Juul Labs, in the design or manufacture of the Retailer Resource Center.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”
You and Juul Labs understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against Juul Labs, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
This Retailer Resource Center may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of Juul Labs and its affiliates or licensors. This Retailer Resource Center also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Retailer Resource Center and all of its content are protected under copyright, trademark, and other laws of the United States and other countries.
All content of this Retailer Resource Center, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Retailer Resource Center (collectively the “Materials”), are the property of and owned by Juul Labs or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Retailer Resource Center is provided for informational purposes only. Your use of this Retailer Resource Center is at your sole risk. This Retailer Resource Center is provided on an “AS IS” and on an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Retailer Resource Center is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Retailer Resource Center may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Retailer Resource Center by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Retailer Resource Center and may be made at any time period. If you download any materials from this Retailer Resource Center, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
The Retailer Resource Center is provided on an “As is” and “As available” basis. Use at your own risk. To the maximum extent permitted by applicable law, Juul Labs expressly disclaims any and all express warranties of any kind and limits the duration of any and all implied warranties of any kind (including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement). No advice or information concerning the use of the Retailer Resource Center, whether oral or written, obtained by you from Juul Labs or any third party will create any warranty not expressly stated herein. Without limiting the foregoing, except to the extent prohibited by the laws of any state, Juul Labs, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on the Retailer Resource Center will meet your requirements or be free from defects; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Retailer Resource Center is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Retailer Resource Center is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Retailer Resource Center.
Juul Labs does not warrant, endorse, guarantee, or assume responsibility for any content or product featured on any hyperlinked website, and Juul Labs will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, limitations, and exclusions under this agreement will not apply to the extent prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER JUUL LABS NOR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) USE OF, ACCESS TO, OR INABILITY TO USE THIS EAC WEBSITE; 2) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THIS EAC WEBSITE; OR 3) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND US; IN EACH CASE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, OR MATERIALS AVAILABLE FROM THIS EAC WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE EAC WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE EAC WEBSITE OR OF THE SYSTEMS TRANSMITTING THE EAC WEBSITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
Time for making claims: YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EAC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Severability: A finding that any term or provision of these Terms and Conditions is invalid or unenforceable will be removed from these Terms and Conditions and will not affect the validity or enforceability of the remaining Terms and Conditions.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Juul Labs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by Juul Labs of any breach of this Agreement is effective unless in writing.
Entire Agreement: You agree that these Terms and Conditions, and the Privacy Policy which is incorporated by reference, constitute the entire agreement between you and Juul Labs with respect to the Retailer Resource Center and your relationship with Juul Labs with respect to your use of the Retailer Resource Center and that there are no further understandings, agreements, or representations with respect to the Retailer Resource Center that are not specified in these Terms and Conditions.
If you have any questions or comments about these Terms of Use or the Retailer Resource Center or its contents, please contact us or write us at the address below. Additionally, all notices required or permitted under these Terms and Conditions shall be made in writing by mail or by email to:
Juul Labs, Inc.
560 20th Street
San Francisco, CA 94107
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